Joan Russow founded the Global Compliance Research Project that calls upon countries to comply with their international obligations and commitments. She has attended many international climate change, and environmental conferences. Injunctions should be against those who cause irreversible harm not those who strive to prevent irreversible harm. Since Clayoquot Sound, she has been concerned about the misconstruing of injunctions and she is still saying, as she did then, “who are the real criminals?

Is it a crime to strive to prevent crime or is it a crime to cause and condone it?

A. NOT HEEDING AN INJUNCTION AS BEING AN EQUITABLE REMEDY THAT MOVES WITH TIME AND CIRCUMSTANCES AND TREATIES MUST BE COMPLIED WITH IS UNIVERSALLY RECOGNIZED (PACTA SUNT SERVANDA)

B. DISREGARDING “BEING HARMFUL” TO ECOSYSTEMS AS BEING A CRIME TO STATE AND SOCIETY –

Installation of concrete for the south-bank tailrace wall in July at B.C. Hydro's Site C dam construction project on the Peace River near Fort St. John. B.C. HYDRO / PNG

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Last month, the B.C. Supreme Court handed the Horgan government a victory that may prove much more costly than a defeat.

The West Moberly and Prophet River First Nations had asked the court to temporarily suspend construction of the Site C dam, or at least protect critical areas of the Peace Valley while their still unresolved Treaty rights challenge is being considered. On Oct. 24, Justice Warren Milman dismissed the injunction application entirely. This is exactly what the provincial government and B.C. Hydro had asked the court to do.

At the same time, the judge ruled that the First Nations’ legal challenge can continue with the possibility that, if the First Nations are able to prove their case, the dam could be stopped before plans to flood the Peace River Valley are completed.

In other words, the court told the province, if you so choose, you’re free to continue sinking billions of dollars into a project you might never be allowed to complete.

New rules inside the B.C. NDP could limit the ability for some members to publicly criticize the NDP government of Premier John Horgan. CHAD HIPOLITO / THE CANADIAN PRESS

New rules inside the B.C. NDP could limit the ability for some members to publicly criticize the NDP government of Premier John Horgan. CHAD HIPOLITO / THE CANADIAN PRESS

New rules within the B.C. NDP could limit people's ability to criticize the government and party policies.

VICTORIA — B.C.’s governing New Democratic Party has crafted new rules that could prevent some members and officials from publicly criticizing the decisions of Premier John Horgan’s government.

A draft of an internal NDP code of conduct, obtained by Postmedia News, shows it would require members of the party’s provincial executive and committees to sign non-disclosure agreements that forbid them from publicly disagreeing with party or government policies.

“Individuals agree that they shall, in all public statements (either written or verbal), promote the positions taken by the party through its duly constituted bodies and shall refrain from public criticisms of the party, its positions, or its elected officials,” reads the code of conduct. Any criticisms should be expressed only through internal channels, it reads.

The document also says all matters dealt with in party meetings are confidential and not to be discussed publicly.

The code is a draft, but could go before the NDP’s provincial council for a vote next month. It would apply to the provincial executive — which includes table officers and two representatives from each region of the province — and the NDP’s nine committees where members meet to discuss issues such as the environment, agriculture, women’s rights, youth, pride, people living with disabilities and Aboriginal representation.

Signed agreements could effectively act as gag orders for NDP members who disagree with the Horgan government’s decisions to approve the Site C dam, give tax breaks to the LNG Canada project and campaign in favour of proportional representation.

NDP officials argue the intention is not to silence people from speaking their minds, but instead to formalize what has been an implied obligation in the NDP constitution that

people who represent the party — especially on social media — do not criticize it or break with its positions in an official capacity.

“Individuals will still be individuals,” said NDP communications director Glen Sanford. “I think you know the NDP well enough to know there will always be robust discussions and our folks really don’t hold back on how they feel about things. That’s not going to change. The clarity that’s being looked for here is ensuring there’s procedures and lines of responsibility and accountability for people who are representing bodies of the party.”

Sanford said the party has already heard concerns from some members about the language used in the draft and the need to more explicitly state that people can still be critical of the party and government as long as they make clear it is their opinion.

The code of conduct, which also includes sections on conflict of interest and dispute resolution, is modelled after those used by federal political parties, unions and corporations, said Sanford.

Nonetheless, the code would be unique among B.C.’s political parties, where pressure to toe the party line is often real but usually unwritten.

Tsawout Chief and Council invite all relations in WSÁNEC and neighbouring communities to participate in the PADDLE FOR ?EL¸TOS and the Salish Sea, in support of Tsawout's claim to the island, also known as James Island.

The event is taking place on Sunday, September 2, 2018, beginning at 9:00 am at ?IX_E? (Cordova Spit) with a community breakfast, followed by a paddle around ?EL¸TOS (James Island) and then a feast in the Tsawout Gymnasium.

The history of use and occupation is significant combined with significant archaeological history. The island was part of the homelands and provided a rich, productive way of life as it was well supplied with plantlife and surrounded by a rich variety of saltwater food supply (fish/shellfish). When it was taken over as part the war efforts it was still occupied and people felt that the island would be fully returned once it was no longer required. However, the history shows that the Tsawout/WSÁNEC People were forced off the island and it then became privatized and was eventually sold.

Tsawout would like the Paddle event to be a fundraiser to assist with the research and legal work required for the claim and will be accepting donations prior to the event and at the event made out to TSAWOUT FIRST NATION with notation for “ ?EL¸TOS” (which can be mailed to Tsawout First Nation, 7728 Tetayut Road, Saanichton, BC V8M 2E4).

To join the Paddle for ?EL¸TOS and the Salish Sea, sign up today at: www.TurningtheTide.ca/leltos.